Legal Opinion

Corgan v. Frew

Illinois Supreme Court

Decided November 15, 1865PublishedCited by 15 opinions

Appeal from the Circuit Court of Perry county; the Hon. John H. Mulkey, Judge, presiding. On the 25th day of February, 1865, Aaron A. Frew commenced his action of assumpsit in the court below against John W. Corgan, alleging, as the ground of the action, that Mason F. Woods, on the 6th day of December, 1861, made his note to C. P. Christian for $500, payable on or before the 20th day of May, 1862, with ten per cent, interest from due until paid; that Christian indorsed the…

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Appeal from the Circuit Court of Perry county; the Hon. John H. Mulkey, Judge, presiding. On the 25th day of February, 1865, Aaron A. Frew commenced his action of assumpsit in the court below against John W. Corgan, alleging, as the ground of the action, that Mason F. Woods, on the 6th day of December, 1861, made his note to C. P. Christian for $500, payable on or before the 20th day of May, 1862, with ten per cent, interest from due until paid; that Christian indorsed the note to John W. Corgan, the defendant, and that Corgan indorsed it to the plaintiff, Frew. The plaintiff avers that…

1Opinion of the CourtChief Justice Walker

It is insisted, that the instrument read ifi evidence is not a promissory note, and consequently was not assignable, and was therefore inadmissible in evidence to fix the amount of the recovery. It fails to state in the body of the instrument whether it is for five hundred dollars, or for that number of commodities. The check mark, however, in the margin is for “ $500,” but in the body it is written “ five hundred ” without the addition of the word dollars, or other .articles. The check mark being placed in the margin by the parties themselves, at the time the instrument is made, becomes a…

2Cases cited1 opinion

  1. Riley v. DickensIllinois Supreme Court · 1857

3Cited by15 opinions

  1. Webster v. NicholsIllinois Supreme Court · 1882
  2. Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
  3. Van Zandt v. HopkinsIllinois Supreme Court · 1894
  4. Witty v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1890
  5. In Re Estate of FeldmanIllinois Supreme Court · 1944

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